Welcome to Aftermath, a portion of our First Line email newsletter where Attorney Anthony L. DeWitt walks you through a real-life self-defense incident and shares his key takeaways.
An argument outside a discount retail store in Sharon, South Carolina, turned deadly when an older man confronted a younger man in a vehicle. According to reports, the man in his vehicle said something about the older man’s dog. The driver drew his lawfully owned firearm and shot his attacker after the older man made threats and punched the young man in the face.
The shot ended the old man’s assault. Police were called and emergency medical aid responded, but the injured man later died at a hospital.
When inside your vehicle, what factors should drive your decision to draw or not draw your firearm? Have you trained to draw and fire from inside a vehicle?
One popular de-escalation technique is to put distance between you and the aggressor. Cars are pretty good for that. To your point…yes, I have practiced that in the event the whole getaway thing doesn’t work. Carry position major factor here.
Sketchy situation and unsure of who all started this to begin with, but the way it’s put it seems that the instigator is the younger man in the vehicle saying something about the DOG (what was “really” said specifically ) that caused the older man to go into a deranged state of mind, act irrational making threats and physically punching the younger guy in the vehicle. The younger man in the vehicle appears to have used excessive force by use of a firearm on an older man (seemed unarmed and was never a threat to begin with). In the first place, for the younger man (instigator/probably a bully) in the vehicle should have kept his ( yapper) mouth shut, mind his own business, and simply drive away (what was so bothersome to the younger man about a DOG anyway). On the other hand, what was so bothersome to the older man to what was said about the DOG (just WORDS, DOG didn’t get all butt hurt), just ignore the @$$#ole and don’t get engaged. Was the younger man in the vehicle arrested for use of excessive force by use of a firearm (whether lawfully owned/or not, Mr. trigger happy) resulting in death? Seems like the younger man (Mr. trigger happy/blabber mouth) in the vehicle was responsible for the main cause of all the action that took place and should pay for his deeds (clearly NOT self-defense).
Investigators determined that the injured male had first approached the other parties’ vehicle aggressively, while making threats of violence. After threatening the driver of the car, the male punched the driver of the vehicle by entering through the driver’s side window. The male driver, who was struck by the punch, then responded to the perceived threat by discharging his firearm, which he was lawfully carrying.
Ahh, ok, now here’s a more detailed report of what happened (thanks for sharing) and there were multiple witnesses in the report compared to what the USCCA moderator posted up above which by reading the story if let’s say the moderator was a witness and gave that little story that he posted surely would make it look like the younger man was.…..so not so good of a witness. But now that you showed the real report, well I can see more of what really went down. By the way, where’s the DOG!!
That is a missing and the most important part of the story. Without this information we could falsely judge the driver:
[…]After threatening the driver of the car, the male punched the driver of the vehicle by entering through the driver’s side window. […]
By entering the car through window and punching the driver, the attacker made shooting a clear self defense case.
Answering the OP question:
I do no react to anyone who tries to argue with me while I’m in car. The best way to avoid any problems is to drive away (if possible). Handgun is of course the last resort and so far I haven’t use it.
I’ve got one incident when I was approached by young man. He was screaming something without any sense, I ignored him but once he was about 5 feet from me I drew my pepper gel and it was enough to scare him off.
I do training sessions where me and my buddies simulate different situations - shooting from car is one of them.
While much is not known about the sequence of events, here is my analysis:
LEGAL
In South Carolina, a person is privileged to use force — including deadly force — against someone trying to unlawfully enter a vehicle or unlawfully remove someone from a vehicle. While information about the severity of the assault was not readily available, it appears that the use of deadly force in this instance was sanctioned, as the Solicitor’s office reported that the matter was considered lawful self-defense.
TACTICAL
Given the rapidity of the response by the defender here, it would appear as though he did not give thought to the tactics involved but rather simply pulled his weapon and shot.
TRAINING
Deploying a weapon from within a vehicle carries a number of risks, especially to the shooter’s hearing. It’s also generally difficult to get a good sight picture. Those who wish to carry in their vehicles are well-advised to take training specifically in these skills since such skills are not instinctual.
I am not familiar with the details of South Carolina law but, the situation is not a clear self-defense action in some states. First, did the younger man lose “his status as an innocent participant” when he first made comments and got the ball rolling? Probably depends on what he said. Should the older man have decided to make the disagreement physical? Definitely not. Was the younger man truly in fear of significant bodily harm or death? Who knows but in many cases the younger man is in better physical shape and we haven’t heard about “deadly weapons” being used. Yes, I know a fist can be deadly but sounds unlikely in this case. Secondly, while SC may be a stand your ground state, most states would prefer that someone make a good faith effort to remove themselves from a confrontation first. I don’t know the circumstances surrounding the younger man’s ability to drive off but it would seem that he might have had that option. I would like to know a lot more about the details.
As a concealed carry permit holder one has to deescalate. I don’t look at anyone while driving anymore. If the driver allegedly initially engaged the deceased in conversation, This is not escalation. Imminent threat?
Driving with my wife one day, an old man tried to cut me off with his car…I yelled, gave him the finger and continued into a nearby parking lot to do some shopping. The next thing I knew the man was at my window yelling at me. I was much younger at the time but still had the presence of mind to apologize for my actions which de-escalated the situation. I think this option could have worked in the above case and maybe saved a life. Sometimes you can just be having a bad day, say or do something stupid and end up dead.
Even though it was considered self defense , the woulda coulda shoulda thing should also apply. If the young guy would have kept his mouth shut….and if the older man with the dog wouldn’t have gone up to the car….and if the younger guy would have just taken off. My dad always said if you go looking for trouble you’ll probably find it.
De-escalation is everything. I never want to be in a situation with no way out. If you can walk/drive away, do it! Carrying comes with a responsibility to let jerks be jerks when you can.
This was my take as well. If you’re carrying, you can’t start stuff! Seems as though he may have been the instigator… If you don’t have the mental acuity to keep yourself to yourself and keep control of your mouth, then please leave your gun at home.
to begin with, but the way it’s put it seems that the instigator is the younger man in the vehicle saying something about the DOG (what was “really” said specifically 
) that caused the older man to go into a deranged state of mind, act irrational making threats and physically punching the younger guy in the vehicle. The younger man in the vehicle appears to have used excessive force by use of a firearm on an older man (seemed unarmed and was never a threat to begin with). In the first place, for the younger man (instigator/probably a bully) in the vehicle should have kept his (
yapper) mouth shut, mind his own business, and simply drive away (what was so bothersome to the younger man about a DOG anyway). On the other hand, what was so bothersome to the older man to what was said about the DOG (just WORDS, DOG didn’t get all butt hurt), just ignore the @$$#ole and don’t get engaged. Was the younger man in the vehicle arrested for use of excessive force by use of a firearm (whether lawfully owned/or not, Mr. trigger happy) resulting in death? Seems like the younger man (Mr. trigger happy/blabber mouth) in the vehicle was responsible for the main cause of all the action that took place and should pay for his deeds (clearly NOT self-defense).
Lucky guy 
